n South African Law Journal - Constitutional Litigation, Max du Plessis, Glenn Penfold & Jason Brickhill : book notice

Volume 131, Issue 2
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



In 1994 we entered upon a fundamentally new and different constitutional order. It was different from the old order in theory, in substance and in process. The new order had to be implemented by politicians, by an executive, by judges and by lawyers who for the most part had absolutely no training or experience in working with a Constitution of the kind that was introduced at that point. Even now, for the most part it is only lawyers who are under 40 years of age who have had any systematic training in this field. Given those circumstances, it is one of the under-recognised miracles of the new Constitution that it worked at all, let alone that it has worked so well.

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